Abstract
The Western Australian Parlaiment passed legislation to effectively end a dispute involving a businessman and his companies. Those entities had commenced legal action against the state that, if successful, might have resulted in a multi-billion dollar compensation claim. Parliament responded by effectively prohibiting a court from awarding a remedy to the claimants. This article suggests that, in principle, this legislation raises fundamental separation of powers issues, and such laws might offend Chapter III of the Constitution.
Original language | English |
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Pages (from-to) | 112-131 |
Number of pages | 20 |
Journal | Public Law Review |
Volume | 32 |
Issue number | 2 |
Publication status | Published - Jun 2021 |
Externally published | Yes |